vikash (SPECIAL CORRES) 23 July 2025

Security cheque received from borrower husband

Client had taken loan and mortgaged property and client is not paying interest and loan amount.Client had given husband cheque as security.Can i deposit husband cheque and file case if cheque Returned insufficient fund

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10 Replies

Advocate Bhartesh goyal (advocate) 23 July 2025

Although security cheque if bounced also comes under the purview of offence under sec 138 of N.I.Act but you should have taken plea that cheque was given towards guarantee instead of security.

vikash (SPECIAL CORRES) 23 July 2025

How to prove that he has given cheque as guarantee

P. Venu (Advocate) 23 July 2025

What is the amount of the cheque? When it was given? Has any agreement been signed with the husband as the surety?

vikash (SPECIAL CORRES) 23 July 2025

No agreement was signed by husband in mortgage deed husband is witness and he has given his cheque

P. Venu (Advocate) 23 July 2025

You are yet to clarify other aspects.

vikash (SPECIAL CORRES) 23 July 2025

Cheque amount is mortgage principal amount and cheque was given before two months

P. Venu (Advocate) 23 July 2025

You can serve notice on the husband taking the cheque given by the husband to be the surety/guarantee, invoke the same and subsequently present the cheque for encashment within three months from the date of issue of the cheque.

vikash (SPECIAL CORRES) 23 July 2025

Ok sir thank you

T. Kalaiselvan, Advocate (Advocate) 26 July 2025

Yes you can proceed with the presentation of the cheque for recovering the amount, if the cheque is bounced then you may pursue the appropriate legal action as per the provisions of law for cheque bounce offences.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 July 2025

This is a typical case where Section 139 shall apply. The burden of proof will be on the husband that the cheque was not issued to dicharge the liability of the wife.